Moise Philogene v. Carrabas Italian Grill and Corvel Corporation

In Moise Philogene v. Carrabas Italian Grill and Corvel Corporation Claimant reached MMI on October 28, 2020. Within one year, claimant requested, and E/C authorized a one time change of physician. The E/C paid an $1,800 advance payment to the provider, but claimant never presented. The last payment of indemnity occurred on February 9, 2021. A $2,000 advance was issued on June 4, 2021. Claimant filed the subject petition on April 5, 2022. The JCC was not persuaded by claimant’s arguments that the $1,800 payment to the unseen OTC provider or the $2,000 advance payment to claimant were sufficient to toll the statute of limitations in this case. Additionally, while claimant offered evidence of estoppel at hearing, the JCC found claimant had not previously raised the affirmative defense in any pleading and was therefore precluded from relying on the defense. Conducting the pending petition was barred by virtue of the expiration of the statute of limitations, the same wad DENIED and DISMISSED.

Leave a Reply